Notice of Pay Rate

The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011.

The law requires employers to give written notice of wage rates to each new hire. The employer may provide its own notice (i.e. job offer letter), as long as it includes all of the required information, or use the Department's sample notices. 

The notice must include:

• Rate or rates of pay, including overtime rate of pay (if it applies)

• How the employee is paid: by the hour, shift, day, week, commission, etc.

• Regular payday

• Official name of the employer and any other names used for business (DBA)

• Address and phone number of the employer's main office or principal location

• Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

Additionally, the notice must be given both in English and in the employee's primary language (if the Labor Department offers a translation).

The two most commonly utilized Notice of Pay Rate sample notices used are:

1. New York State Labor Law Notice for Hourly Rate Employees LS 54 is a blank work agreement that contains all of the fields that employers must include to notify each employee in writing of conditions of employment at time of commitment to hire.

2. New York State Labor Law Notice for Exempt Employees LS 59 is a blank work agreement that contains all of the fields that employers must include to notify each employee in writing of conditions of employment at time of commitment to hire.

New York State Labor Law notices are also available for:

• Employees of Temporary Help Firms  LS 51 

• Multiple Hourly Rate Employees LS 55 

• Employees Paid a Weekly Rate or a Salary for a Fixed Number of Hours (40 or Fewer in a Week) LS 56

• Employees Paid Salary for Varying Hours, Day Rate, Piece Rate, Flat Rate or Other Non-Hourly Pay LS 57

• Prevailing Rate and Other Jobs LS 58

• Home Care Aides Wage Parity and Other Jobs LS 62

• Farm Workers LS 309

• Agricultural Workers AL 447